Welcome to our new website!

Welcome! We hope you find our new website helpful and easier to navigate. It's now as easy to use on your smartphone as your desktop. Take a tour and please tell us what you think.

By-law No. 2023-64

Delegation of Authority

Being a by-law to Delegate Certain Powers and Duties to Officers and Employees of the Township of South Stormont and to Repeal By-law Nos. 2017-073, and 2019-037.  

Whereas the Municipal Act, 2001, c. 25, s. 5 (1) provides that the powers of a municipal corporation are to be exercised by its council;

And whereas the Municipal Act, 2001, c. 25, s. 5 (3) provides that the powers of every council are to be exercised by by-law;

And whereas the Municipal Act, 2001, c. 25, section 23.1, provides that a municipality may delegate its powers and duties under the Municipal Act to a person or body subject to certain restrictions as set out in the Municipal Act;

And whereas the Municipal Act, 2001, c. 25, paragraph 6 of subsection 270 (1) provides that a municipality shall adopt and maintain policies with respect to the delegation of it’s powers and duties;

And whereas Council did, on the 6th day of September, 2017, adopt a revised Delegation of Powers and Duties Policy;

And whereas the Planning Act, R.S.O. 1990 Section 5 authorizes Council to delegate authority, by by-law, with the exception of the authority to approve official plans and or amendments to official plans;

And whereas the Planning Act, R.S.O. 1990 Section 39.2 provides that Council may delegate authority to pass by-laws under Section 34 of the Act that are minor in nature;

And whereas Council deems it advisable to delegate certain powers and duties to officers and employees of the Township for the purpose of providing responsible, accountable, good and efficient government.

Now therefore Council of the Corporation of the Township of South Stormont enacts as follows:

In this by-law and its schedules, the following words have the following meanings:

  • “Administrative Powers” means all matters required for the management of the Township that do not involve discretionary decision making;
  • “Agreement” includes any contracts, memorandums of understanding, letters of intent, offers to purchase or sell, documents, forms, releases, retainers, reports, amendments, renewals or extensions required to give effect to the matter;
  • “CAO” means the person appointed as the Chief Administrative Officer for the Township pursuant to the Municipal Act;
  • “Clerk” means the person appointed as the Clerk for the Township pursuant to the Municipal Act and includes the Deputy Clerk;
  • “Council” means the Council of The Corporation of the Township of South Stormont;
  • “Delegate” means a member of Township staff who has been delegated, by by-law, a power, duty or function of Council, in accordance with the provisions of this by-law and the Municipal Act;
  • “Department” means a department of the Township;
  • “Department Head” means a Director of the Township who is responsible for a Department, or its successor in title, and shall include any person appointed as “acting” Department Head and also the CAO with respect to his/her direct responsibilities for a Department;
  • “Legislative Powers” means all matters where Council acts in a legislative or quasi-judicial function including enacting by-laws, setting policies and exercising decision making authority;
  • “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, or successor legislation thereof;
  • “Township” means The Corporation of the Township of South Stormont;
  • “Township Solicitor” means any lawyer in good standing with the Law Society of Ontario who is retained by the Township at the relevant time in relation to any matter described herein; and
  • “Treasurer” means the person appointed as the Treasurer for the Township pursuant to the Municipal Act and includes the Deputy Treasurer.

The following schedules attached (collectively referred to as the “Schedules”) shall be deemed to form part of this by-law:

Schedule “A” – General Delegations;

Schedule “B” – Development Related Matters;

Schedule “C” – Financial Matters;

Schedule “D” – Permits and Authorizations;

Schedule “E” – Real Property Matters; and

Schedule “F” – Legal Matters.

  • The delegation of a power, duty or function as set out in the attached Schedules to this by-law are hereby delegated to the Delegate or Delegates, subject to the restrictions and requirements, if any, in the column entitled, “Delegation Restrictions and Other Requirements”.
  • Where more than one person is listed as a Delegate, the delegated authority may be exercised by any of such persons, provided that if any of such persons disagree as to whether or the manner in which to exercise the delegated authority the determination of the earlier listed person shall prevail.
  • Any delegation of a power, duty or function by by-law to a Delegate includes a delegation of such power, duty or function to a person who is appointed by the CAO, acting in the place of the Delegate or selected from time to time by the Delegate to act in the capacity of the Delegate.
  • Subject to section 3.3, a person to whom a power, duty or function has been delegated by by-law has no authority to further delegate to another person any power, duty or function that has been delegated, unless such sub-delegation is expressly permitted by this or other by-law, and is in writing.
  • Unless a power, duty or function of Council has been expressly delegated by Council or otherwise by any legislative act or body acting under legislative authority, all of the powers, duties and functions of Council remain with Council.
  • Notwithstanding the powers, duties or functions delegated by this by-law, any matter may be referred back to Council for consideration at the discretion of the Department Head, following consultation with the CAO. Any delegation of a power, duty or function authorized by this, or any other by-law, may be revoked at any time without notice, and any action taken pursuant to a revoked delegation shall be of no force and effect.
  • Specific to Schedule “B”, Development Related Matters, if the Director of Planning and Building deems it in the best interest of the public they may re-delegate, in writing, approval to Council after receipt of a complete application and fee for any process described therein. 
  • If approval authority is re-delegated to Council:
    • the Director of Planning and Building is to provide a summary of the application, including any relevant information form meetings prior to the acceptance of the application. 
    • the application will be brought to Council as part of the next available Council meeting after the Director of Planning and Building notifies Council of the delegation. 

In exercising any delegated power, the Delegate shall be responsible for ensuring:

  • that any expenditure related to the delegated matter shall be provided for in the current year’s budget and authorized by the Township’s Procurement By-law;
  • that any exercise of delegated authority shall not exceed the scope of the authority specified in this or any other by-law by which the delegation was effected;
  • where required by the specific delegated authority, that a requisite report or communication is provided to Council advising of the exercise of a delegated authority and confirming compliance with the delegated authority and this policy;
  • that all applicable policies regarding insurance and risk management shall be complied with; and
  • that Council policies and guidelines are applied consistently and equitably.

  • For the purpose of the Municipal Act, it is the opinion of Council that any Legislative Powers delegated pursuant to this by-law are of a minor nature having regard to time period, the number of people affected and the size of geographic area affected by the exercise of each such power.
  • Further to section 5.1 above, Council hereby deems all by-laws regarding processes set out in Schedule “B” Development Related Matters, as minor in nature.

In the event of any inconsistency between this by-law and any other Township by-law or policy, any specific provisions setting out the scope and requirements associated with a delegated power set out in other Township by-laws shall prevail and any exercise of a delegated power pursuant to other Township by-laws shall not be invalidated or restricted by this by-law.

Notwithstanding the provisions of this by-law, all processes, decision-making and administrative management of the Township shall comply with any Provincial or Federal Act, or a regulation made under any such Act, and any instrument of a legislative nature.

By-law Review

This by-law shall be monitored and evaluated for effectiveness continuously by the CAO and Director of Corporate Services/Clerk and shall be comprehensively reviewed upon specific request by Council.

Council may continue to delegate powers, duties or functions after the passing of this by-law by by-law or Council resolution and the Clerk is hereby authorized to make amendments to this by-law in order to add said further authorized delegations. 

Severability

If any provisions of this by-law or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this by-law, which can be given effect without the invalid provisions or application, and to this end, the provision of this by-law are severable. 

Short Title

The by-law may be referred to as the “Delegation of Authority By-law”.

Repeal

That By-law Nos. 2017-073 and 2019-037 are hereby repealed. 

General Delegations

Delegation of Authority: General Delegations
Delegated Authority Delegate Delegation Restrictions and Other Requirements
Exercise general control and management of the affairs of the Township for the purpose of ensuring its efficient and effective operation and execute Agreements related thereto CAO
  • In accordance with s. 229 of the Municipal Act
  • Agreement to be in a form approved by the Township’s Solicitor
Develop, approve and implement administrative policies, procedures and practises in the exercise of authority under section 229 of the Municipal Act CAO None
Execute general operating Agreements and Agreements required by law Directors, or as further delegated by the Department Director

Power to delegate further must be in accordance with staff spending authorization limits

Includes Agreements:

  • relating to the standard operations of the Department;
  • to carry out works within the scope of Council-approved projects;

Agreement must not:

  • be related to acquisition or disposition of real property;
  • be related to a matter to which the Procurement By-law applies; or
  • impose financial or claim risks on the Township

Agreement to be in a form approved by the Township Solicitor
Execute Agreements required to implement a Council approved decision, plan or program Directors, or as further delegated by the Department Director and the Mayor or Deputy Mayor
  • Power to delegate further must be in accordance with staff spending limits
  • Council approval must be by Council resolution, by-law or policy
  • The exercise of authority must be within limits of an approved decision, plan or program
  • Agreement to be in a form approved by the Township Solicitor
  • A Key Information Report to be brought to Council by the delegate in advance of execution

Execute Agreements with other government bodies, public sector organization or not-for-profit organizations

 Directors, or as further delegated by the Department Director and the Mayor or Deputy Mayor

Agreement may be:

  • in relation to investigating joint projects or undertakings and sharing in resources;
  • revenue generating or revenue-neutral;
  • assist with effective delivery of services;
  • in the best interests of the Township.

Partnership must not:

  • be related to acquisition or disposition of real property;
  • be related to a matter to which the Procurement By-law applies; or
  • impose financial or claim risks on the Township.

Agreement to be in a form approved by the Township Solicitor

Key Information Report to be brought to Council by the delegate
Enter into Municipal Road Access Agreements with utility companies Director, Public Works, or as further delegated by the Department Director Agreement to be in a form approved by the Township solicitor

Full power, duty, and authority to act as the “head” in accordance with the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”), which powers and duties shall include processing requests for information, responding to inquiries, and conducting appeals on behalf of the Township pursuant to MFIPPA

 Director, Corporate Services/Clerk, or as delegated by the Department Director In accordance with requirements set out in MFIPPA

Authority to execute any such documents or ancillary agreements as the Clerk may deem necessary to conduct an election, notwithstanding any provisions of the Procurement By-law

 Director, Corporate Services/Clerk, or as delegated by the Department Director None
Approve the flying of flags at half-mast in commemoration of a period of official mourning and solemn occasions Director, Corporate Services/Clerk, or as delegated by the Department Director

To be exercised in accordance with the general principles of the Flag Raising Policy
Declare an event to be of municipal significance Director, Corporate Services/Clerk, or as delegated by the Department Director
  • Pursuant to the Township’s Municipal Significant Events Policy
  • Notation to be included in Department Monthly Activity Summary
Amend Delegation By-law where Council delegates further powers, duties or authorities Director, Corporate Services/Clerk, or as delegated by the Department Director

Delegation must be by Council resolution, by-law or policy and in accordance with any restrictions set by Council or set out in the Council report
Amend Records Management By-law, Retention Schedule where updates are required Director, Corporate Services/Clerk, or as delegated by the Department Director
  • Retention updates because of legislative changes and best practice 
  • Key Information Report to be brought to Council by the delegate
Amend Emergency Management Plan, Confidential Schedules where updates to contact information or emergency response plan(s) are warranted Director, Corporate Services/Clerk, or as delegated by the Department Director
  • In accordance with the Emergency Management and Civic Protection Act
  • Notation to be included in Department Monthly Activity Summary
Declare a significant weather event Director, Public Works, or as delegated by the Department Director
  • To be exercised in accordance with minimum maintenance standards
  • Communicated to Council as soon as practical

Designate construction zones on highways in accordance with subsection 128(8.1) of the Highway Traffic Act

 Director, Public Works, or as delegated by the Department Director

To be conducted in accordance with the requirements of the Highway Traffic Act
Authority to act as the “head” in accordance with the Ombudsman Act

CAO or Director, Corporate Services/Clerk

In accordance with the requirements of the Ombudsman Act
Issue letters of support for community festivals, outdoor events, third party grants and Council priorities

CAO or Director, Corporate Services/Clerk
  • Support must not commit a financial contribution
  • Notation to be included in Department Monthly Activity Summary
Authority to approve and execute software licensing Agreements

Director, Corporate Services/Clerk or as Director of Corporate Services/Clerk
  • In accordance with the requirements of the Township’s Procurement Policy and annual budget
  • Notation to be included in Department Monthly Activity Summary

Development Related Matters

Delegation of Authority: Development Relates Matters
Delegated Authority Delegate Delegation Restrictions and Other Requirements
Authority to require, approve or revoke plans and drawings and to execute site plan Agreements Director, Planning and Building or as delegated by the Department Director In accordance with subsection 5 (1) and Section 41 (4.0.1) of the Planning Act
Authority to approve and enact a minor by-law to remove a holding symbol under section 34 of the Planning Act Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor
  • In accordance with subsection 36 and 39.2 (3) (b) of the Planning Act; and
  • Subject to recommendation of applicable Department Directors
  • Key Information Report to be brought to Council by the delegate
Authority to approve and enact by-laws to designate lands within a registered plan or plans of subdivision or parts of them as not subject to part lot control in accordance with section 50 (7) or the Planning Act

Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor
  • In accordance with subsections 5 (1) and 50 (7) of the Planning Act
  • Subject to approval from the United Counties of Stormont, Dundas and Glengarry as per O. Reg. 521/98
  • Key Information Report to be brought to Council by the delegate
Authority to approve and enact by-laws to approve minor by-laws to authorize the temporary use of land, buildings or structures in accordance with subsection 29 (1) of the Planning Act Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor
  • In accordance with subsections 39 and 39.2 (3) (b) of the Planning Act and; and
  • Section 8.12.6.1 of the SDG Official Plan
  • Key Information Report to be brought to Council by the delegate
Authority to approve and enact minor by-laws under section 34 of the Planning Act with respect to restricting residential development on a lot created as a result of farm consolidation Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor
  • In accordance with subsections 5 (1) and 39.2 (1) of the Planning Act; and
  • Section 2.3.4.1 c) of the Provincial Policy Statement 2020; and
  • Section 8.12.6.1 of the SDG Official Plan
  • Key Information Report to be brought to Council by the delegate
Authority to approve and enact minor by-laws under section 34 of the Planning Act with respect to a Zoning By-law Amendment that is required as a condition of approval of a provisional consent application Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor
  • In accordance with subsections 5 (1) and 39.2 (1) of the Planning Act; and
  • Section 8.12.6.1 of the SDG Official Plan; and
  • Provided that there were no objections from either the public or circulated agencies during the circulation period
  • Key Information Report to be brought to Council by the delegate
Authority to deem applications complete Director, Planning and Building or as delegated by the Department Director In accordance with subsections 5 (1), 22 and 34 of the Planning Act and other sections of the Planning Act requiring the submission of an application
Authority to execute Subdivision and Condominium Agreements and to clear associated conditions Director, Planning and Building or as delegated by the Department Director
  • Agreement must be in conformity with the SDG Official Plan, Zoning By-law and all other relevant documents and policies
  • Key Information Report to be brought to Council by the delegate
Authority to execute Lot Consolidation and Development Agreements Director, Planning and Building or as delegated by the Department Director
  • Agreement must be in conformity with the SDG Official Plan, Zoning By-law and all other relevant documents and policies, which may include but is not restricted to, Director approved entrance permit standards, public works specifications, and the Building By-law.  
  • Notwithstanding the delegation of execution above, where so requested by either Council or the applicant, development related applications shall be approved by Council.
  • Key Information Report to be brought to Council by the delegate
Authority to recommend to the United Counties of SDG to extend the lapsing period of draft plans of subdivision and condominiums Director, Planning and Building or as delegated by the Department Director
  • In accordance with subsection 5 (1) of the Planning Act, authority is delegated to support two draft plan extensions totaling no more than four (4) years to an existing approved draft plan.
  • Request for a third extension must be brought to Council for consideration 
  • Key Information Report to be brought to Council by the delegate
Authority to establish conditions of consent and to clear conditions Director, Planning and Building or as delegated by the Department Director
  • Authority to determine Township conditions of consent and forward to the United Counties of SD&G for inclusion with the final decision.
  • Notation to be included in Department Monthly Activity Summary
Negotiate and execute all  Agreements provided for in the Building Code Act Chief Building Official or as delegated by the Chief Building Official
  • In accordance with the Building Code Act
  • Key Information Report to be brought to Council by the delegate
Authority to approve and issue Municipal Statement of Concurrence in response to applications for Radiocommunication or Telecommunication Facility applications Director, Planning and Building or as delegated by the Department Director
  • To be exercised in accordance with the Township’s Radiocommunication / Telecommunication Facility Protocol
  • Key Information Report to be brought to Council by the delegate

Read and passed in open Council, signed and sealed this 13th day of September, 2023.

Contact Us

Township of South Stormont
2 Mille Roches Road, Long Sault K0C 1P0


(613) 534-8889
info@southstormont.ca

Get Township news right to your inbox!

Stay up to date on the Township's activities, events, programs and operations by subscribing to our News and Notices.

Subscribe

This website uses cookies to enhance usability and provide you with a more personal experience. By using this website, you agree to our use of cookies as explained in our Privacy Policy.